beta
(영문) 수원지방법원 2019.05.30 2018가합14949

물품대금

Text

1. The Plaintiff:

A. As to Defendant B Co., Ltd., the amounting to KRW 93,385,00,000:

B. The Defendants are jointly and severally liable for payment of the total amount of 173,385.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be recognized by comprehensively considering the overall purport of the pleadings in the entries (including branch numbers; hereinafter the same shall apply) in Gap evidence Nos. 1-6, 9-11.

The plaintiff is a company that manufactures and sells traffic signal control equipment, etc.

Defendant B (hereinafter referred to as “Defendant B”) is engaged in the D business.

Defendant C is the spouse of E, the representative director of the Defendant Company, and is engaged in the establishment business under the trade name of “F.”

B. On November 27, 2015, the Plaintiff entered into a contract with the Defendants on supply terms of “total contract amount: KRW 433,385,000, and delivery period: until February 22, 2016, the place of delivery: The difference between the place of domestic designation and the place of delivery: The difference between the place of delivery and the place of payment: The period of delivery: The period of delivery shall not exceed 20 weeks after the domestic goods are supplied.”

(2) The Plaintiff and the Defendant Company jointly and severally guaranteed the Defendant C’s payment obligation regarding the instant secondary contract on the same day. The Plaintiff and the Defendant Company jointly and severally guaranteed the Defendant C’s payment obligation regarding the instant secondary contract on the same day.

C. On January 22, 2016 and February 22, 2016, the Plaintiff supplied all goods under the instant first and second contracts. D.

On the other hand, the Plaintiff received KRW 260 million in total and KRW 340 million in total from Defendant C, as stated below, as the price for goods under the instant contract Nos. 1 and 2.

[mark] On December 8, 2015, the name of the depositee, including the first deposit payment method, F (Defendant C) of the account transfer of 260,000,000 account transfer of 260,000,000,000 on December 6, 2015, 2015, 30,000 account transfer of 340,000,000 account transfer of 340,000 on January 19, 2016 (Advance payment) on January 29, 2016, 40,000 Defendant Company’s account transfer of 5,00,000,000 account transfer of 5, 200,000 account transfer of 5,9,000,000 account transfer of 10,000 account transfer of 60,000 account transfer of 10,000 account transfer;

2. The assertion and judgment

A. According to the above facts of recognition, the Defendant Company shall pay to the Plaintiff the remainder amount of KRW 93,385,000 ( KRW 433,385,000 - KRW 340,000) under the instant contract.